LAWS(GAU)-1994-5-25

VIMEDO ANGAMI Vs. STATE OF NAGALAND & OTHERS

Decided On May 27, 1994
Vimedo Angami Appellant
V/S
State of Nagaland and Others Respondents

JUDGEMENT

(1.) In Civil Rule No. 106 (K) 93 the petitioner impugns an order contained in Memorandum No. SAB-8/3/73 dated 6.3.89 (Annexure 2) by which the petitioner is denied to cross Efficiency Bar at the stage of Rs.1070 wef 28.5.89. The ground given in the said order for denial of Efficiency Bar is "In view of a vigilance case pending against him."

(2.) The petitioner joined Home Department as Grade III Stenographer in 1971. He was promoted to the post of Grade II Stenographer in 1974. He was sent or deputation to Civil Defence Organisation in 1987. By order dated 30.11.87 issued by the Home Commissioner, deputation of the petitioner to Civil Defence Organisation was terminated with immediate effect as his service was required in the Secretariat due to acute shortage of Stenographers Upon his reversion to his parent department, the Commissioner issued an order 29 July 1989 by which Selection Grade Scale of pay of Rs. 1030-30-1450 PM was released wef 25.8.89. The said order is at Annexure 3 and it is reproduced:

(3.) The petitioner's one grievance is that in spite of issuance of the said order, Selection Grade Scale has not been released to him till today. Government stand in this regard is that order dated 29 July, 1989 aforesaid has not been implemented in view of pendency of a vigilance case against the petitioner as stated above. It is contended on behalf of the petitioner that since order for releasing Selection Grade Scale was issued despite the existence of the earlier order dated 6 March, 1989 regarding a vigilance case pending against him, there is no reasonable ground to withhold payment of Selection Grade Scale to the petitioner.